department of agriculture - hawaii · 2016-08-16 · robinson family partners 20,888 acres in...

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DAVID Y. IGE Governor SHAN S. TSUTSUI Lt. Governor State of Hawaii DEPARTMENT OF AGRICULTURE 1428 South King Street Honolulu, Hawaii 96814-2512 Phone: (808) 973-9660 FAX: (808) 973-9613 SCOTT E. ENRIGHT Chairperson, Board of Agriculture PHYLLIS SHIMABUKURO-GEISER Deputy to the Chairperson Mr. Daniel Orodenker Executive Officer Land Use Commission 235 South Beretania St. Suite 406 Honolulu, HI 96813 August 5, 2016 -ÿ ] .._o Dear Mr. Orodenker: Subject: Petition for Declaratory Order to Designate Important Agricultural Lands Docket No. DR16-56 Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition. The Department of Agriculture expresses its appreciation to the petitioner for their interest in and effort to identify potential Important Agricultural Lands (IAL). We note that the petitioner is not seeking a reclassification of land pursuant to Section 205-45(b), Hawaii Revised Statutes (HRS), in conjunction with this petition to designate IAL (Petition, p. 13). The petitioner is also voluntarily waiving all rights to claim any credits pursuant to Section 205-45(h), HRS (Petition, p. 13). This is the fifth IAL petition involving agricultural lands on the island of Kauai and the ninth IAL petition statewide. The Department offers its support for the majority of the petitioner's request for IAL designation, but has strong reservations about designating as IAL the northernmost portion of the petition area (approximately 3,260 acres, hereinafter referred to as the "northernmost portion", see attached "Northernmost Portion Area" map). In the following, we have responded to the petitioner's statements as to how the petitioned lands meet the eight criteria used for identifying potential IAL (Section 205- 44, HRS).

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Page 1: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

DAVID Y. IGEGovernor

SHAN S. TSUTSUILt. Governor

State of HawaiiDEPARTMENT OF AGRICULTURE

1428 South King StreetHonolulu, Hawaii 96814-2512

Phone: (808) 973-9660 FAX: (808) 973-9613

SCOTT E. ENRIGHTChairperson, Board of Agriculture

PHYLLIS SHIMABUKURO-GEISERDeputy to the Chairperson

Mr. Daniel OrodenkerExecutive OfficerLand Use Commission235 South Beretania St.Suite 406Honolulu, HI 96813

August 5, 2016

-ÿ ]

.._o

Dear Mr. Orodenker:

Subject: Petition for Declaratory Order to Designate Important Agricultural LandsDocket No. DR16-56Robinson Family Partners20,888 acres in Makaweli, Kauai

Thank you for this opportunity to comment on this important petition. TheDepartment of Agriculture expresses its appreciation to the petitioner for their interest inand effort to identify potential Important Agricultural Lands (IAL).

We note that the petitioner is not seeking a reclassification of land pursuant toSection 205-45(b), Hawaii Revised Statutes (HRS), in conjunction with this petition todesignate IAL (Petition, p. 13). The petitioner is also voluntarily waiving all rights toclaim any credits pursuant to Section 205-45(h), HRS (Petition, p. 13). This is the fifthIAL petition involving agricultural lands on the island of Kauai and the ninth IAL petitionstatewide.

The Department offers its support for the majority of the petitioner's request forIAL designation, but has strong reservations about designating as IAL the northernmostportion of the petition area (approximately 3,260 acres, hereinafter referred to as the"northernmost portion", see attached "Northernmost Portion Area" map).

In the following, we have responded to the petitioner's statements as to how thepetitioned lands meet the eight criteria used for identifying potential IAL (Section 205-44, HRS).

Page 2: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

Mr. Daniel OrodenkÿAugust 5, 2016Page 2

. Land currently used for aqricultural production.According to the petition, the entire 20,888 acres sought for IAL

designation is currently in agricultural production (Petition, p. 5). Approximately18,700 acres of land in the petition area (ranching area) is leased to Gay &Robinson who operates a cattle ranch under the tradename Makaweli Ranch.The Ranch has an additional 6,300 acres immediately adjacent to but outside thepetition area, for a total of 25,000 acres, and the remaining 2,188 acres is leasedto Agrigenetics Inc. and Dupont Pioneer for seed production (Petition, p. 5). Theseed production areas are located in the petition area closest to KaumualiiHighway.

According to the petition, a total of 15,000 acres of the ranching area isfenced. (Petition, Exhibit A, p. 5). Pig fencing is used to keep out wild pigs, whilecattle fencing is used to create fenced paddocks for housing cattle and managinggrass growth and maintenance. According to PBR Hawaii (email, dated July 27,2016), the petitioner works with the United States Department of Agriculture'sNational Resource Conservation Service (NRCS) for conservation planningwithin the petition area.

The petition states that Makaweli Ranch has 3,500-4,000 head of cattle(Petition, p. 5). Makaweli Ranch is a 25,000-acre ranch that includes thepetition's 18,700-acre ranching area. According to the petition, at any given time,around 50 percent (1,750-2000 head) of the cattle at Makaweli Ranch is locatedwithin the petition area (Petition, Exhibit A, p. 4). The ranching area is comprisedof "Upper Pasture" (approximately 11,940 acres) and "Lower Pasture"(approximately 6,760 acres) areas which are separated by the Olokele DitchSystem that runs roughly parallel to Kaumualii Highway across the petition area.Upper Pasture area (11,940 acres)

The Upper Pasture area is primarily "managed to control invasive speciesand improve the grasses that are sustained by rainfall." (Petition, Exhibit A, p. 4).Department staff confirmed with PBR Hawaii (email, dated July 27, 2016) that thepetitioner does not work with NRCS to control invasive species in the petitionarea. The NRCS offers conservation programs that provide assistance to controlinvasive species.

According to PBR Hawaii (email, dated July 26, 2016), the Upper Pasturearea is also utilized throughout the year for grazing and contains some fencing.The fencing within the Upper Pasture area generally runs linearly in sectionsfrom the Olokele Ditch line to the mauka boundary of the petition area. PBRHawaii states (email, dated July 21,2016) that the natural topography alsoserves as barriers for cattle in the Upper Pasture area. PBR Hawaii estimates(email, dated July 26, 2016) that the Upper Pasture area supports "approximately50% of the existing herd within the proposed IAL." Therefore, 875 to 1,000 head

Page 3: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

Mr. Daniel Orodenk,August 5, 2016Page 3

of cattle occupy the Upper Pasture. The petition states that the approximatecarrying capacity for the ranch lands is 1 head of cattle per 5 acres of land(Petition, Exhibit A, p. 4).

Department staff researched pasture use of the three predominant soiltypes found in the Upper Pasture area. We could not substantiate the carryingcapacity claim of 1 head per five acres based on different sources of information(see response to criterion 2 on pages 2-3). There is no discussion on theavailability of drinking water for cattle in this area.Lower Pasture area (6,760 acres)

The Lower Pasture area is "more intensely utilized by the cattle herd."(Petition, Exhibit A, p. 4). Within the Lower Pasture area, 400 acres are irrigatedpasture and the petitioner has also implemented a seed propagation and grassplanting program on approximately 2,800 acres. The seed propagation andgrass planting program removes invasive species and plants preferred species ofpasture grass, such as green panic grass and other high protein quantity grasses(Petition, Exhibit A, p. 5). The petition states that the approximate carryingcapacity for the Lower Pasture area is 1 head of cattle per 5 acres of land(Petition, Exhibit A, p. 4). There is fencing throughout most of the Lower Pasturearea (Petition, Exhibit A, Figure 2b).

Past Agricultural ProductionPast agriculture production on the petition area included sugarcane

cultivation and cattle ranching. From 1884 to 2009, sugarcane was cultivated ona portion of the Lower Pasture lands by the Hawaiian Sugar Company (1889-1941 ), Olokele Sugar Company (1941-1994), and Gay and Robinson (1994-2009). The Upper Pasture lands have been managed by the Robinson familyand used for cattle ranching since 1865.

Future Agricultural ProductionWithin five years, the Petitioner plans to increase the herd capacity of the

Lower Pasture area by 1,500 head, supported by the addition of 1,000 acres ofirrigated pasture. The petitioner will also add 500 acres to its seed propagationand grass planting program (Petition, p. 11).

Northernmost Area AnalysisThe Department notes that the petitioner does not have any plans to

establish improved pasture within any Upper Pasture lands. A line of fencingextends along the north-western border of the petition area and within thenorthernmost portion; however, it is not clear whether this fence is to keep cattleout or in.

Page 4: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

Mr. Daniel OrodenkÿAugust 5, 2016Page 4

. Land with soil qualities and growing conditions that support agriculturalproduction of food, fiber, or fuel and energy producinq crops.

The petition identifies the distribution of soil by their overall productivitypotential on the petition area according to the "Detailed Land Classification -Island of Kauai" otherwise known as the Land Study Bureau (LSB). Thedistribution is as follows - 7% "A", 7% "B", 3% "C", 6% "D", and 77% "E" (Petition,6). To our knowledge, this petition area contains the highest percentage amountof "E" rated soils of prior IAL petitions that were not withdrawn.

The overall productivity ratings are an average of the LSB's crop-specificProductivity Classes of which grazing is one category. A review of the LSBProductivity Classes for the Upper Ranching area indicates mostly mediocrecarrying capacity for cattle pasture, estimating a sustainable capacity range of2.5 acres to 30 acres per head with estimated live beef gains of 9 to 110 poundsper acre per year (LSB, p. 20). The majority of the Upper Pasture lands is rated"E". There is no improvement to productivity of the "E" rated lands by theaddition of irrigation.

Much of the Upper Pasture area has slopes greater than 20 percent (seeattached Slope Map). The northernmost portion of the petition area containsslopes in excess of 60 percent. The Lower Pasture area contains slopes-rangingfrom 0 to 20 percent.

A cursory review of NRCS soils in the northernmost portion shows that thepredominant soil types are Rock Outcrop, Rough Broken, or RoughMountainous. These soil types are generally unsuitable for farming, and areprimarily used for watersheds, wildlife habitat, and recreation. (NRCS SoilSurvey of Islands of Kauai, Oahu, Maui, Molokai, and Lanai (1972), p.119). TheRock outcrop soil type has slopes from 5-99%, Rough Broken soil type hasslopes from 40-70%, and Rough mountainous soil type has slopes of 50-99percent. (NRCS Soil Survey of Islands of Kauai, Oahu, Maui, Molokai, and Lanai(1972), p.119).

Department staff reviewed the information presented in the 2015Statewide Agricultural Land Use Baseline Study (Baseline study). The Baselinestudy was commissioned by the Department and prepared by the University ofHawaii at Hilo, Spatial Data Analysis & Visualization Research Lab. Data used tocreate the crop summary maps came from satellite imagery, verified by ground-truthing, meetings with agricultural stakeholders and landowners, county realproperty tax assessment and agricultural water use (page 96). Pasture lands"...includes areas in active commercial cattle operation were fencing is apparentand water troughs and/or cattle trails can be identified. Rangelands that arefenced and grazed only seasonally are mapped as pastureland." (page 98)According to the Baseline study's map of Kauai (Kauai Crop Summary, page 49),

Page 5: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

Mr. Daniel OrodenkÿAugust 5, 2016Page 5

there was indication of pasture use within the eastern side of the Upper Pasturearea; however, no pasture use was indicated in the northernmost portion of thepetition area (see attached Kauai map). The information presented in theBaseline study is not intended for any regulatory use, therefore we present thisinformation in that spirit (page 95).

. Lands identified under aqricultural productivity ratings systems, such as theAgricultural Lands of Importance to the State of Hawaii (ALISH) system adoptedby the Board of Aqriculture on January 28, 1977.

About 13% of the petition area is classified "Prime" agricultural landaccording to the ALISH system, 14% is classified as "Other Important"agricultural land, and less than 0.1% is classified as "Unique" agricultural land.(Petition, Exhibit A, Figure 6). The remaining 73% percent of the petition area,including the majority of the entire upper pasture area, is not classified accordingto the ALISH system (Petition, p. 7; Exhibit A, Figure 6). The aforementionedLSB "E" rated areas described in criterion 2 within the Upper Pasture area,closely matches the footprint of the area not classified by ALISH - this suggeststhat these areas have very limited agricultural production potential.

. Land types associated with traditional native Hawaiian agricultural uses, such astaro cultivation, or unique agricultural crops and uses, such as coffee, vineyards,aquaculture, and enerqy production.

The petition states that the petition area is a historic and operationallyimportant contributor to the production of beef on Kauai, and is therefore aunique agricultural resource for the State of Hawaii (Petition, p. 8). TheDepartment appreciates and respects the long history and importance of theranching operation in the area, however the definition of unique in this criterion isnot meant to capture these values. The Department notes that none of theUpper Pasture lands are classified as "Unique" under the ALISH system. TheALISH system classifies "Unique" lands as having qualities favoring production ofa specific high-value food crop such as (Kona) coffee, taro, rice, and watercress.(Agricultural Lands of Importance to the State of Hawaii, State Department ofAgriculture (1977)). The petition does not provide information on current orhistoric traditional native Hawaiian agriculture uses within the petition area.

. Lands with sufficient quantities of water to support viable aqricultural production.According to the petition, the petition area is primarily irrigated by two ditch

systems, the Koula Ditch and the Olokele Ditch (Petition, p. 8). The Koula DitchSystem is approximately 13.5 miles long, starting at the base of ManawaiopunaFalls, flowing northeast to southwest, and ends at Field 32 Reservoir. The watercapacity of the Koula Ditch System is approximately 55 million gallons per day(MGD) (Petition, p. 8). The water capacity of the Olokele Ditch System isapproximately 70 MGD (Petition, p. 8) and flows eastward across the petitionarea. The petition area also contains 10 reservoirs with a total capacity of 275

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Mr. Daniel Orodenk(August 5, 2016Page 6

million gallons (Petition, p. 8). The petition does not indicate whether thereservoirs are connected to the two ditches. The petition area also receives anaverage of 25 to 30 inches of rain annually in the Lower Pasture area, and 50 to80 inches of rain annually in the Upper Pasture area (Petition, Exhibit A, Figure5). Currently, 400 acres of pasture in the Lower Pasture area is irrigated, and thepetitioner plans to irrigate an additional 1,000 acres in the Lower Pasture areawithin the next 5 years. The Olokele Ditch and the Koula Ditch was operated andmaintained by the Gay and Robinson Plantation. (Agricultural Water Use andDevelopment Plan (Revised 2004), p. 25).

. Land whose desiqnation as Important Aqricultural Land is consistent withgeneral, development, and community plans of the County.

The petition area is entirely within the State Agricultural District. The 2000Kauai General Plan, West Side Planning District Land Use Map (Petition,Appendix A, Figure 7a) designates the petition area as primarily in the "Open"classification, with some lands closer to Kaumualii Highway in the "Agriculture"classification. The "Open" classification typically includes "important landforms,wetlands, streams, steep slopes, and other environmentally-sensitive areas" anddoes not include agricultural uses within this classification (Kauai General Plan -2000, Chapter 5, p. 5-5).

Pursuant to Section 205-47, HRS, the County of Kauai PlanningDepartment initiated a study on IAL and has provided a final study, titled, "Countyof Kauai Important Agricultural Lands Study," dated August 2015. The studyindicates that a threshold score of 28 or above (on a scale of 0 to 40), meets alleight (8) of the IAL criteria under 205-44, HRS, at some level, and the Studyrecommends that these lands be given priority in Kauai County's IAL designation(County of Kauai Important Agricultural Lands Study, p. 3). The majority of theUpper Pasture area scored 15 points or below in the County IAL study, and all ofthe northernmost portion area scored 15 points or below (Petition, Exhibit A,Figure 9).

.

.

Land that contributes to maintaininq a critical land mass important to aqriculturaloperatin.q productivity.

The petition states that approximately 50 percent of Makaweli Ranch's3,500-4,000 cattle herd are located on the petition area at any given time (1,750-2,000 head) (Petition, Exhibit A, p. 4). According to the United StatesDepartment of Agriculture's 2012 Agricultural Census, a cattle population of1,750 to 2,000 represents about 14 percent of the total cattle population onKauai.

Land with or near support infrastructure conducive to aqricultural productivity,such as transportation to markets, water, or power.

Page 7: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

Mr. Daniel Orodenk(August 5, 2016Page 7

As stated under IAL criterion 5, the petition area has 10 reservoirs with thetotal capacity of 275 MGD; however, it does not discuss the role the reservoirshave in providing irrigation water to lands within the petition area or elsewhere.The petition discusses the history behind the Koula and Olokele Ditch Systems;however, it does not clearly explain the role the Ditch systems have in providingirrigation water to the Lower Pasture area or seed corn operations located withinthe petition area.

According to PBR Hawaii, the Makaweli Meat Corporation (MMC)slaughterhouse is near but outside the petition area, located makai of KaumualiiHighway, adjacent to the old Gay & Robinson Sugar Mill (PBR Hawaii email,dated July 8, 2016). The MMC slaughterhouse currently processes 9 head ofcattle per week from the Makaweli Ranch (Petition, Exhibit A, p. 6). Within thenext year, Makaweli Ranch anticipates increasing to 12 the number of head ofcattle to be processed at the MMC slaughterhouse (Petition, Exhibit A, p. 6). TheDepartment recognizes the slaughterhouse as a significant asset to the Ranch.

There exists a 1.25 megawatt hydroelectric plant that is within butexcluded from the petition area (see the "Not IAL" area in Petition, Figure 2A,Exhibit A). The hydroelectric power plant uses water diverted from the OlokeleRiver and provides power to irrigation pumps in the Lower Pasture area and theMMC slaughterhouse (PBR Hawaii, email dated July 8, 2016). Again, theDepartment recognizes the hydroelectric power plant as a significant asset to theRanch and supports the agricultural use of the area.

Comments and Recommendations:The Department offers its full support for the petitioner's request for IAL

designation of the 6,760 acres in the Lower Pasture area and the 2,188 acres in seedproduction (see Petition, Exhibit A, Figure 2b). These areas possess characteristicsthat meet the majority of the 8 IAL identification criteria. The petitioner's slaughterhouseand hydropower plant are very important assets that are not part of the request for IALdesignation, but substantially strengthens the request for IAL designation.

The Department also offers its support for IAL designation for the majority of theUpper Pasture area. While most of the Upper Pasture lands have slopes of 20 percentor greater, the petitioner has indicated that approximately half of the cattle within thepetition area is in the Upper Pasture area, although we were unable to confirm thepetitioner's assertions. Further, there are fence lines running perpendicular from theOlokele Ditch line to the mauka boundary of the petition area.

Finally, the Department has strong reservations about designating thenorthernmost portion of the Upper Pasture area as IAL. This area encompasses about3,260 acres. The petition does not provide convincing evidence of agricultural use withinthe area. The northernmost portion contains lands predominantly rated "E", indicating

Page 8: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

Mr. Daniel Orodenk(August 5, 2016Page 8

very poor productivity potential by the LSB and not classified according to the ALISHsystem. The NRCS Soil Survey identifies the soils in this area as unsuitable for farmingand primarily used for watersheds, wildlife habitat, recreation, but not pasture.Furthermore, the topography within the northernmost portion appear to be the mostextreme in the entire petition area. This feature severely limits its utility for agriculturaluse. The effect of the physical limitations that exist in this area appears to be supportedby the 2015 Statewide Agricultural Land Use Baseline study, which does not identifypasture use in this area.

Board of Agriculture

Attachments (3):Northernmost Portion Area MapSlope MapKauai map for the Baseline study

c: Office of PlanningKauai County Planning Department

Page 9: DEPARTMENT OF AGRICULTURE - Hawaii · 2016-08-16 · Robinson Family Partners 20,888 acres in Makaweli, Kauai Thank you for this opportunity to comment on this important petition

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Source: Robinson Family Parlners, Inc. (2016), County of Kauai,Dlsclalmel: This graphic has been prepalod for general plannlng purposes only.

ApproximateArea (in acres)

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4001,105

Total: 18,700

J Amended:7/27/2016

Figure 2b

Makaweli Ranch Operation

Robinson Family IALIsland of Kaua'i

North Linear Scale (miles)

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